Paraphernalia

Miscellaneous

Persons under 21 years will face a driver's license suspension for 90 days - 1 year.

Persons under 18 years will face a driver's license suspension for 1 - 5 years.

Penalty Details

If a statute uses the term misdemeanor, the prosecutor may charge a person either with a Class A or with a Class B misdemeanor.

Possession

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana and is guilty of a third offense within 3 years of the first offense is guilty of a violation and subject to a fine of $300.

Any person 18 years of age or older who possesses less than ¾ of an ounce of a marijuana and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment.but is subject to a fine of $1200.

The same penalties apply to a person over the age of 21 who is guilty of possessing "a personal use amount" of marijuana infused products including edibles, drinks, tinctures and ointments.

Possession of more than 3/4 ounce is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $350.

See

318B:2-c of the New Hampshire Criminal Code

318 B:2 of the New Hampshire Criminal Code

318 B:1 et seq. of the New Hampshire Criminal Code

318-B:26 of the New Hampshire Criminal Code

651:2 of the New Hampshire Criminal Code

Sale

Includes possession with intent to sell.

The sale of less than 1 ounce for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 1 ounce and less than 5 pounds for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 5 pounds or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 40 years imprisonment and a maximum fine of $500,000.

Sale within 1,000 feet of a school zone is a felony punishable by a doubling of the sentence and the fine.

See

318 B:2 of the New Hampshire Criminal Code

318 B:1 et seq. of the New Hampshire Criminal Code

318-B:26 of the New Hampshire Criminal Code

Cultivation

Cultivation in New Hampshire will be punished based upon the aggregate weight of the plants found. See the "Possession" and "Sale" sections for further penalty details.

Hash & Concentrates

Any person 18 years of age or older who possesses less than 5 grams of hashish is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a third offense within 3 years of the first offense is guilty of a violation and shall be subject to a fine of $300.

Any person 18 years of age or older who possesses less than 5 grams of hashish and is guilty of a fourth offense within three years of the first offense is guilty of a Class B misdemeanor which is not punishable by imprisonment but is subject to a fine of up to $1200.

Possessing 5 grams or more of hashish is a misdemeanor punishable by a fine no greater than $350 and a term of imprisonment no greater than 1 year.

See

318-B:2-c of the New Hampshire Criminal Code

318-B:26(II) of the New Hampshire Criminal Code

651:2 of the New Hampshire Criminal Code

The sale of less than 5 grams for a first offense is a felony punishable by a maximum sentence of 3 years imprisonment and a maximum fine of $25,000. A Subsequent offense is a felony punishable by a maximum sentence of 6 years imprisonment and a maximum fine of $50,000.

The sale of more than 5 grams and less than 1 pound for a first offense is a felony punishable by a maximum sentence of 7 years imprisonment and a maximum fine of $100,000. A Subsequent offense is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $200,000.

The sale of 1 pound or more for a first offense is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $300,000. A Subsequent offense is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $500,000.

If any of the offenses occurred with 1,000 feet of a school the fines and terms of imprisonment double.

See

318-B:26 of the New Hampshire Criminal Code

Any device or equipment used to manufacture hashish or concentrates is considered drug paraphernalia. Manufacturing, or delivering any such device or equipment is a misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See

318-B1(X-a) of the New Hampshire Criminal Code

318-B:26(III) of the New Hampshire Criminal Code

Paraphernalia

The sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See

318 B:1 et seq. of the New Hampshire Criminal Code

318 B:2 318 B:1 et seq. of the New Hampshire Criminal Code

318-B:26 of the New Hampshire Criminal Code

Miscellaneous

Any person who negligently stores marijuana-infused products including edibles, drinks, ointments and tinctures when the negligent storage causes possession of marijuana infused products by a person under 18 years of age is guilty of a misdemeanor

See

318: B-2-e of the New Hampshire Criminal Code

Any person under 21 years of age who is convicted of sale or possession of controlled drugs may be subject to revocation or denial of a driver's license or privilege to drive for a period between 90 days and 1 year.

See

318 B:2 of the New Hampshire Criminal Code

Any person under 18 years of age who is convicted of sale or possession with intent to sell controlled drugs shall be subject to revocation or denial of a driver's license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

See

263:56-b of the New Hampshire Criminal Code

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.